600-06 Family Violence Flashcards
(39 cards)
Pursuant to Article 5.04 (a) of the Texas Code of Criminal Procedure, “The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to _____.”
Additionally, Article 14.03(a)(4) of the Texas Code of Criminal Procedure provides, “Any peace officer may arrest, without warrant. .. persons who the peace officer has probable cause to believe have ______.”
Accordingly, officers shall enforce criminal laws to the maximum extent in the _____
1) protect any potential victim of family violence, enforce the law of this state, … and make lawful arrests of violators
2) committed an offense involving family violence
3) protection of potential or actual victims of family violence.
Family Violence
Section 71.004 of the Texas Family Code defines Family Violence as:
a. An act by a member of a family or household against another member of the family or household that is intended to result in _____ or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
b. _____ as defined by law when that abuse is committed by a member of the family or household toward a child of the family or household; or
c. _____ as defined in the Texas Family Code section 71.0021.
1) physical harm, bodily injury, assault, or sexual assault
2) Child abuse
3) Dating violence
Offenses Related to Family Violence
When a warrantless arrest is not made for family violence, officers shall _____. The following is a nonexhaustive list of offenses that may be related to family violence: terroristic threat, harassment, unlawful restraint, injury to elderly, violation of protective order or certain court orders, burglary with intent to commit assault, criminal trespass, interfering with an emergency request for assistance.
evaluate whether any other criminal offense related to family violence has been committed
Assault.
A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (Texas Penal Code section 22.01(a)).
Bodily Injury.
Physical pain, illness, or any impairment of physical condition. (Texas Penal Code section 1.07(8)).
Dating Relationship.
A relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship. (Texas Family Code section 71.0021 (b and c)).
Family or Family Member.
Individuals who are related by blood or marriage, former spouses, or biological parents of the same child without regard to marriage. Family also includes foster children and foster parents regardless of residency. Family members may also include spouses, parents, grandparents, children, siblings, aunts, uncles, nephews, nieces, adopted children, cousins, and current in-laws.
Family Violence Unit.
The unit in the Special Victims Division responsible for investigating family violence situations.
Household Members.
Individuals who live together in the same dwelling whether or not they are related to each other. This definition also includes any former household members, regardless of the time of separation.
If it is unclear whether an individual is considered a family or household member, the investigating officer shall contact the _____ for clarification.
Family Violence Unit or the appropriate District Attorney’s Office
OFFICER’S RESPONSIBILITIES
When family violence occurs or is alleged, officers shall remain at the scene and conduct an investigation to _____. Victims and suspects should be interviewed separately to determine what offense occurred.
When an officer makes contact with a victim away from the victim’s residence, the officer may return to the residence to investigate a complaint of family violence and verify the safety of any other persons involved. The officer shall not participate in the _____, but may escort the victim into the home to_____. Any person asking questions regarding the division of property should be advised to seek private legal counsel.
1) verify the allegations and to prevent any further commission of family violence
2) division of property
3) secure items of immediate necessity (e.g., clothes, medication, identification, baby items, food)
OFFICER’S RESPONSIBILITIES (1/4)
a. Identify and secure _____ in the surroundings.
b. Attempt to determine whether any parties at the scene possess a firearm in violation of state or federal law. If the officer determines any person is in violation of such firearms prohibitions, the officer shall _____. The officer shall also contact the District Attorney’s Office for approval of charges against the person in violation of the firearms prohibition.
c. _____ of any firearm at the scene (even if the person is not prohibited by law from possessing it) because of the danger a firearm poses to the complainant. The officer may take custody of firearms voluntarily surrendered and tag the firearm(s) in the Property Division.
1) potential weapons
2) seize the firearm(s) and tag the firearm(s) in the HPD Property Division on hold for the Special Victims Division
3) Encourage the voluntary surrender
OFFICER’S RESPONSIBILITIES (2/4)
d. _____the parties.
e. _____, if necessary.
f. Assess and ask the parties about injuries, including those that may be concealed by clothing or otherwise not readily apparent including strangulation or internal injuries. An officer of the same sex as the victim may be needed as further visual investigation continues.
Officers shall ask the victim if _____. The definition of bodily injury includes physical pain, which is a low threshold. When the victim does not complain of pain, officers should consider the manner in which the suspect made contact with the victim or observable physical marks on the victim in determining if there is bodily injury.
1) Separate
2) Restrain or remove the suspect
3) he or she felt pain when a suspect made physical contact with the victim especially when there are no visible injuries
OFFICER’S RESPONSIBILITIES (3/4)
g. Request _____ as necessary.
h. _____ all persons or witnesses on the premises.
i. Separate occupants and witnesses from the victim and the accused, keeping them out of sight and hearing range of one another, as _____ permits.
j. Obtain a _____ of the events from all parties including witnesses.
k. Officers should not rely solely on the images captured on their body worn cameras but should, whenever possible, take digital photographs of the victim’s injuries and any disarray or destruction at the scene. If the suspect is present, photographs of the suspect should be taken, especially if the suspect has suffered any injuries. Digital photographs that are taken shall be uploaded into the _____
1) medical services
2) Identify
3) safety
4) comprehensive account
5) department’s digital photograph storage database (i.e., Dataworks).
OFFICER’S RESPONSIBILITIES (4/4)
I. Notify the Special Victims Division via established department procedures whenever an officer is on a call involving family violence and _____. The notification shall include the incident number, ADA’s name, and reason charges were declined.
m. Complete an _____ as set forth in section 3, Family Violence Incident Reports.
n. Complete _____ provided in section 4, Other Requirements.
1) the suspect is on the scene but an arrest is not made because a Harris County Assistant District Attorney (ADA) declined charges
2) incident report
3) requirements
SUSPECT ON SCENE
When a suspect is present on a scene involving family violence, officers with probable cause to believe an assault that meets the definition of family violence has occurred should _____.
There is no requirement that the officer witness the assault. Officers are to file the _____ when filing criminal charges.
The willingness of the victim to prosecute is not a factor as to whether an arrest should be
made if there is probable cause to make an arrest for family violence as defined in section
71.004 of the Texas Family Code.
Pleas from any family or household member stating the violence will not occur again or an
arrest may cause financial hardship should not impact an officer’s decision to arrest the
suspect. The victim shall be listed as the complainant and the officer may _____
1) arrest the suspect without a warrant
2) highest family violence charge possible
3) act as the affiant.
SUSPECT ON SCENE
In situations involving family violence, officers are discouraged from _____. Officers shall make reasonable efforts to identify the primary aggressor.
Arrests of both parties should be avoided unless _____
Before filing any charges with the Harris County District Attorney’s Office, an assistant district attorney shall be contacted to ensure that _____.
1) arresting both parties involved in the altercation for assaulting each other
2) warranted and authorized by an on-duty supervisor.
3) the charges will be accepted
Request On-Duty Supervisor To The Scene
When an officer is on a call involving family violence and the suspect is on the scene, the
officer shall request the presence of an on-duty supervisor when the below applies:
a. A warrantless arrest is NOT made for:
- _____ or
- an offense _____
AND
b. There is:
- _____ or
- a _____of imminent bodily injury or
- physical contact regarded as _____.
a. A warrantless arrest is NOT made for:
- family violence or
- an offense related to family violence
AND
b. There is:
- bodily injury or
- a threat of imminent bodily injury or
- physical contact regarded as offensive or provocative.
On-Duty Supervisor Responsibilities
The on-duty supervisor who is notified shall respond and proceed immediately to the scene. Once at the scene, the supervisor shall review all facts and make a decision on the best course of action consistent with the below procedures. When the supervisor determines there is probable cause for a warrantless arrest for family violence or an offense related to family violence,
In Harris County:
If the ADA was not previously contacted by the officer, the supervisor shall _____
If the officer previously spoke with an ADA at Intake who declined charges, the supervisor shall _____
If the ADA or Intake Chief, as applicable, declines charges, an arrest will not be made, unless _____
1) call and speak with the ADA at Intake to discuss the facts of the case.
2) call and speak with the Intake Chief on Duty to discuss the facts of the case.
3) the facts support an arrest for Class C Assault (FV) (i.e., when there is a threat of imminent bodily injury or physical contact regarded as offensive or provocative).
On-Duty Supervisor Responsibilities
The on-duty supervisor who is notified shall respond and proceed immediately to the scene. Once at the scene, the supervisor shall review all facts and make a decision on the best course of action consistent with the below procedures. When the supervisor determines there is probable cause for a warrantless arrest for family violence or an offense related to family violence,
In Montgomery County and Fort Bend County:
Since an ADA is not contacted in these counties, when a supervisor is required to make the
scene because the primary officer does not believe there is probable cause for an arrest, an arrest will be based on the_____
In felony incidents involving family violence or when a scene is complex, the supervisor may _____
1) supervisor’s determination as to whether or not there is probable cause to make a warrantless arrest for a family violence offense or an offense related to family violence.
2) contact the Special Victims Division for assistance.
FAMILY VIOLENCE INCIDENT REPORTS
As mandated by the Texas Code of Criminal Procedure, a complete and thorough incident report shall be completed by the responding officer for every _____. Complainants shall not be referred to a police station or to the Family Violence Unit to make an original report. The requirement to complete an incident report also applies to situations involving violence between persons in a dating relationship, regardless of gender or sexual orientation. District supervisors shall ensure_____
1) family violence situation or allegation of family violence
2) their officers generate incident reports when family violence offenses occur.
FAMILY VIOLENCE INCIDENT REPORTS
When a victim leaves a suspect, the suspect may begin to stalk the victim. This offense includes behavior such as shadowing or following the victim. It also includes making threats against the victim, the victim’s property or family, or a member of the victim’s household. Officers shall make a written incident report documenting such behavior. Officers should encourage victims to _____.
continue documenting any stalking behavior
FAMILY VIOLENCE INCIDENT REPORTS (1/2)
When writing the incident report, officers shall include all of the following:
a. The _____of the suspect to the victim.
b. Descriptions of the _____of the victim and suspect (when the suspect is present).
c. Any ______ statements made by either party or any witnesses.
d. Documentation of the interview with all _____in the household who were witnesses to the assault.
e. Description of any _____ at the scene.
f. Documentation of any and all injuries as well as the _____ of the injury.
a. The relationship of the suspect to the victim.
b. Descriptions of the demeanor of the victim and suspect (when the suspect is present).
c. Any spontaneous or excited utterances (res gestae) statements made by either party or any witnesses.
d. Documentation of the interview with all children in the household who were witnesses to the assault.
e. Description of any destruction or disarray (or lack of) at the scene.
f. Documentation of any and all injuries as well as the location and description of the injury.
FAMILY VIOLENCE INCIDENT REPORTS (2/2)
When writing the incident report, officers shall include all of the following:
g. Any _____, when known.
h. ______ including, as applicable, facts leading to the decision not to make an arrest.
i. The on-duty supervisor’s name and employee number who ______, when applicable.
j. An alternate telephone number of a _____
k. The presence of any _____in the household.
I. The on-duty supervisor’s name and employee number who _____ pursuant to this policy, when applicable.
g. Any prior history of family violence, when known.
h. Disposition of the incident including, as applicable, facts leading to the decision not to make an arrest.
i. The on-duty supervisor’s name and employee number who authorized both parties to be arrested, when applicable.
j. An alternate telephone number of a close relative that will remain in contact with the victim.
k. The presence of any firearm in the household.
I. The on-duty supervisor’s name and employee number who responded to the scene at the request of the officer pursuant to this policy, when applicable.
